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The Work Opportunity Tax Credit (WOTC): An Employer ...

EMPLOYMENT AND TRAINING ADMINISTRATION UNITED STATES DEPARTMENT OF LABOR eta EMPLOYERS: 8 Ways To Earn Income Tax Credits for Your Company The work Opportunity Tax Credit ( wotc ): An Employer Benefit for Hiring Job Seekers Most in Need of Employment In This Fact Sheet: How to Earn a Tax Credit For New Hires How To Apply For The Tax Savings Where To Get More Information Background and Updates: Use of the wotc has substantially increased in recent years as Congress has introduced new target groups, expanded several target groups requirements, increased the tax Credit and the qualified wages for Veterans and introduced new flexible filing provisions. For example, 1,160,523 certifications were issued by the state workforce agencies in Fiscal Year 2011, and this figure is growing every year. NEW! On November 21, 2011, President Obama signed into law the VOW to Hire Heroes Act of 2011 ( 112-56).

This Fact Sheet discusses the WOTC program and how employers can participate and benefit from different tax credits for different target group members.

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Transcription of The Work Opportunity Tax Credit (WOTC): An Employer ...

1 EMPLOYMENT AND TRAINING ADMINISTRATION UNITED STATES DEPARTMENT OF LABOR eta EMPLOYERS: 8 Ways To Earn Income Tax Credits for Your Company The work Opportunity Tax Credit ( wotc ): An Employer Benefit for Hiring Job Seekers Most in Need of Employment In This Fact Sheet: How to Earn a Tax Credit For New Hires How To Apply For The Tax Savings Where To Get More Information Background and Updates: Use of the wotc has substantially increased in recent years as Congress has introduced new target groups, expanded several target groups requirements, increased the tax Credit and the qualified wages for Veterans and introduced new flexible filing provisions. For example, 1,160,523 certifications were issued by the state workforce agencies in Fiscal Year 2011, and this figure is growing every year. NEW! On November 21, 2011, President Obama signed into law the VOW to Hire Heroes Act of 2011 ( 112-56).

2 Section 261 of the Act, the Returning Heroes and Wounded Warriors work Opportunity Tax Credits, amends and expands the definition of wotc s Veteran target group by increasing qualified wages and tax credits for certain veteran groups. The Act also created two new categories of unemployed veterans. The changes and new provisions in this Act apply to individuals who begin to work for an Employer on or after, November 22, 2011, and before January 1, 2013. This Act did not extend the non-veteran wotc target groups. For additional information on these provisions and how employers and their representatives can participate, please visit the program s national website at: or the Internal Revenue Service s website (IRS) at: Other Significant Changes: 1) The legislative authority for the two temporary groups created by the American Recovery and Reinvestment Act of 2009 (Recovery Act) ended on December 31, 2010. These groups, Unemployed Veterans and Disconnected Youth, no longer exist.

3 2) The legislative authority for the Empowerment Zones (EZs ) and the remaining non -veteran wotc target groups expired on December 31, 2011. Expiration of the EZs eliminates the Summer Youth as a wotc target group. There is a reasonable expectation that the non-veteran groups will be reauthorized at some point in the future based on prior similar legislative history and Congressional action. Consistent with Congressional past practice to extend the program retroactive to its expiration date, the Department of Labor issued TEGL No. 15-11, work Opportunity Tax Credit Procedural Guidance During Authorization Lapse for Non-Veteran Target Groups instructing employers EMPLOYMENT AND TRAINING ADMINISTRATION (April 2012) UNITED STAT UNITED STATES DEPARTMENT OF LABOR 2 eta and their representatives to continue filing their certification requests for new hires during the authorization lapse and the SWAs to accept but not process applications until the program is reauthorized.

4 This Fact Sheet discusses the wotc program and how employers can participate and benefit from different tax credits for different target group members. While employers and their representatives can continue to request certifications for all wotc target groups, during the authorization lapse, employers can only receive the tax Credit by hiring eligible members from the amended and expanded Veteran group before January 1, 2013. For the Veteran-target group and its new categories, the work Opportunity Tax Credit can now be as much as: $2,400 for each Veteran new hire receiving SNAP benefits, $2,400 for each new veteran unemployed for at least 4 weeks $4,800 for each disabled veteran new hire released one year after active duty, $5,600 for each new veteran unemployed for at least 6 months, $9,600 for each new disabled veteran unemployed for 6 months. By Participating in the wotc Program, Employers: Make the hiring decision, Complete minimal paperwork to claim the tax Credit , and Can hire as many new individuals who qualify for these tax savings.

5 1. Long-term TANF recipient -- member of a family that: received Temporary Assistance for Needy Families (TANF) for at least 18 consecutive months ending on the hiring date, or received TANF for any 18 months beginning after August 5, 1997, and the earliest 18 month period beginning after August 5, 1997, ended during the past 2 years, or stopped being eligible for TANF because a Federal or state law limited the maximum time those payments could be made, and the individual is hired not more than 2 years after such eligibility ended. 2. Short-term TANF recipient -- member of a family that received TANF payments for any 9 months during the 18-month period ending on the hiring date. Hire From Among These 8 Groups of Job Seekers to Qualify for the wotc EMPLOYMENT AND TRAINING ADMINISTRATION (April 2012) UNITED STAT UNITED STATES DEPARTMENT OF LABOR 3 eta 3.

6 Veteran a veteran who is: a member of a family that received Supplemental Nutrition Assistance Program (SNAP) benefits (food stamps) for at least a 3-month period during the 15-month period ending on the hiring date, or entitl ed to compensation for a service-connected disability hired within one year of discharge or release from active duty, or entitled to compensation for a service-connected disability and unemployed for a period or periods totaling at least 6 months of the year ending on the hiring date, or unemployed for at least 4 weeks (but les than 6 months) during the one year period ending on the hiring date, or unemployed for at least 6 months during the one year period ending on the hiring date. Note. For additional information on the expanded veteran group and the new unemployed categories visit: and get the Fact Sheet on the VOW to Hire Heroes Act of 2011. 4. 18-39 year-old SNAP (food stamps) recipient -- member of a family that received SNAP benefits (food stamps) for either the 6-month period ending on the hiring date, or for at least 3 of the 5 months ending on the hiring date in the case of a family member who ceased to be eligible for such assistance under Section 6(o) of the Food Stamp Act of 1977.

7 5. 18-39 year-old designated community resident -- individual who lives within a Rural Renewal County (RRC). 6. Vocational rehabilitation referral -- a person with a disability referred to the Employer upon completion of or while receiving rehabilitative services from a state certified agency, an Employment Network under the Ticket-to- work Program, or the Department of Veterans Affairs. 7. Ex-felon -- individual who was convicted of a felony and who is hired within one year after the conviction or release from prison. 8. SSI recipient -- individual who received Supplemental Security Income benefits for any month ending during the past 60-day period ending on the hiring date. Some employees do not qualify the Employer for the wotc . They include: Relatives and dependents, Majority owners of the Employer , or Former employees. _____ Based on the Internal Revenue Service s 2003 Revenue Ruling, mem bers of these four groups ( , Veteran; Short and Long-Term TANF; and SNAP Recipient groups) need not receive the assistance/benefits for the entire period if the family received it for the entire period and the individual w as on the grant and thus received such assistance/benefits for at least one day of the specified period (see TEGL #: 20-04, March 18, 2005).

8 For information on RRCs see Instructions to IRS Form 8850, January 2012, available at The designated community resident target group used to also include individuals who lived in Empowerment Zones (EZ). However, the EZs expired on December 31, 2011. EMPLOYMENT AND TRAINING ADMINISTRATION (April 2012) UNITED STAT UNITED STATES DEPARTMENT OF LABOR 4 eta An Employer must request and receive certification from its state workforce agency (SWA) that the new hire is a member of at least one of the wotc target groups before the Employer can claim the wotc on its federal income tax return. To request certification, the Employer must: 1. Complete page 1 of IRS Form 8850, Pre-Screening Notice and Certification Request for the work Opportunity Credit , b y the date of the job offer and page 2 of IRS Form 8850 after the individual is hired; 2. Complete one of the following Department of Labor forms, as appropriate: ETA Form 9061, Individual Characteristics Form, if the new hire has not been given a Conditional Certification, ETA Form 9062, or ETA Form 9062, Conditional Certification Form, if provided to the job seeker by a Participating Agency , such as a Vocational R ehabilitation Agency, an Employment Network, or a SWA ; and 3.

9 File the signed/dated IRS and ETA forms to the SWA s wotc Coordinator within the following timeframes: For hires made before May 22, 2012 file by June 19, 2012. For hires made on or after May 22, 2012 file not later than 28 calendar days after the new hire begins work . Note. Employers can obtain copies of IRS 8850 by visiting: or calling 1-800-829- 3676; ETA 9061/9062 by visiting: ; and copies of the Directory of wotc State Coordinators by visiting: CLARIFICATION: The wotc Long-term TANF recipient target group retained its former statutory definition and the more generous tax Credit provisions for a tax Credit of as much as $9,000 over a two-year period per new hire. With respect to this target group, the first-year wotc is 40% of qualified wages for the first year of employment and 50% of qualified wages for the second year of employment. Qualified wages are capped at $10,000 per year.

10 For employers to qualify for this tax Credit , new hires must be employed at least 120 hours. Certification of an Employee Takes Three Simple Steps: EMPLOYMENT AND TRAINING ADMINISTRATION (April 2012) UNITED STAT UNITED STATES DEPARTMENT OF LABOR 5 eta For most target groups, the wotc is based on qualified wages paid to the employee for the first year of employment and the number of hours worked. Generally, qualified wages for non-veteran groups are capped at $6,000. The Credit is 25% of qualified first-year wages for those employed at least 120 hours but fewer than 400 hours, and 40% for those employed 400 hours or more. Veterans Receiving SNAP Benefits. Wages are capped at $6,000. Disabled Veterans One Year after Active Duty. Wages are capped at $12,000. Disabled Veterans Unemployed for 6 Months. Wages are capped at $24,000. Veterans Unemployed for 4 Weeks. Wages are capped at $6,000.


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